According to a Star Tribune article written by Lora Pabst:
Hopkins police are investigating whether a man charged with sexually assaulting a fellow resident of a senior apartment building might also have assaulted other male residents of the building. Thomas Whitfield, 57, was charged in Hennepin County District Court Thursday with fifth-degree criminal sexual conduct in connection with the assault Tuesday at the Hopkins Village Apartments near downtown Hopkins. According to the criminal complaint, Whitfield was visiting an 82-year-old man in his apartment. The man was sitting in a chair when Whitfield walked over and began to perform a sex act on him. For the rest of the story see: Hopkins Man, 82, Reports Sexual Abuse.
This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

I came across this excellent YouTube video on evidence based pressure ulcer management.

As an attorney that deals with cases where pressure ulcers go without proper assessment and treatment I can tell the readers that preventing these wounds should be the highest priority for care givers of the elderly or disabled. Once an ulcer starts it is often difficult if not impossible to reverse the process and heal the skin again.
This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

According to a study was published in JAMA February 4, 2009:
Mortality Risk Following Osteoporotic Fracture
Elevated risk was associated with even minor fractures and, with hip fractures, persisted for at least 10 years.
Osteoporotic fractures, particularly of the hip and spine, are associated with premature mortality. To evaluate the extent of this risk, researchers followed 4005 older community-dwelling Australians (age, 60 at enrollment in 1989). During the next 18 years, 1295 participants (952 women, 343 men) experienced fractures of any type, most commonly involving the hip, vertebrae, pelvis, femur, or multiple ribs.
The mortality rate for participants with fractures was roughly double that of participants without fractures; relative mortality rose further after subsequent fractures (doubled for women, tripled for men). Elevated mortality risk continued for 5 years after fractures, persisting for 5 to 10 years in patients with hip fractures. In a detailed study of a subset of patients with fractures, the main clinical factors associated with excess mortality were older age, subsequent fracture, weak quadriceps strength, smoking (in women), and low physical activity (in men). No association was noted for chronic disease comorbidity.
Comment: These results demonstrate that, not only is osteoporotic fracture associated with excess mortality, but that this risk persists for several years after any fracture and as long as 10 years after hip fracture. In addition, excess risk occurs regardless of the location or severity of fracture and seems to be present regardless of chronic disease burden.
— Thomas L. Schwenk, MD
Published in Journal Watch General Medicine February 5, 2009
Citation(s):
Bliuc D et al. Mortality risk associated with low-trauma osteoporotic fracture and subsequent fracture in men and women. JAMA 2009 Feb 4; 301:513.
This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

“Enhancing Excellence in Leadership” – 2008-2010           

________________________________________

Goals Established: Strategic Plan, 2008-2010

In late 2007 and 2008 the Minnesota Board of Examiners for Nursing Home Administrators reviewed their mission, current operational effectiveness, national trends, and future skill sets required of a contemporary administrator and focused on four major areas to further promote the public’s interest in quality care by ensuring quality administrators. The continuously revised working copy of board discussion is found on the website.

GOAL #1:  Goals towards addressing Assisted Living Administrators Credentialing

       Based on recent national developments and emerging models towards credentialing of Assisted Living Administrators, the board will volunteer to coordinate a stakeholder meeting with consumer and provider participants. 5/08 update: With legislation introduced this year by Elder Care Rights Alliance, the board did not convene this discussion, but will participate in credentialing discussions if so requested.

GOAL #2:  Goals directed towards initial academic training and practicum/ field experience 

       Invite academics and veteran preceptors of interns to discuss ultimate learning environments to prepare new administrators with sufficient skills.  

       Review state examination expectations, requirements and content.

GOAL #3:  Goals Directed Toward Improving Experienced Administrators continued competency  

       Continue to work with key stakeholders on continued competency expectations and educational growth of the LNHA.  Review areas related to continuing education, quality improvement models, just culture, and ethics.  

GOAL #4: Goals Directed Toward Board operations effectiveness

       Board will maintain involvement with seven academic centers with LNHA programs, other provider stakeholders, NAB, and quality improvement objectives involving the core competencies of the LNHA.

For more information regarding BENHA: See Minnesota Board of Examiners of Nursing Home Administrators

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member.   To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

Verne Gagne incident highlights problem of dementia and violence
According to a story by:
By Jeremy Olson
jolson@pioneerpress.com
Posted: 02/22/2009 12:01:00 AM CST

Nursing homes are facing more and more challenges as they admit residents with dementia who are prone to combative outbursts.
The Feb. 14 death of Helmut Gutmann, 97, after he was thrown to the floor by former wrestler Verne Gagne, 82, is a high-profile example of a problem that is likely to grow as more people reach ages when Alzheimer’s disease and other causes of dementia are common.
“It happens with a frequency that we have yet to truly understand,” said Mark Wandersee, executive director of the Minnesota ElderCare Rights Alliance.
While such incidents may seem beyond control — given dementia’s hijacking of the mind — advocates say many care facilities could do a better job of reducing risks. Some outbursts may be random, but others reflect anxiety, hunger, fatigue or even the side effect of a drug.
Wandersee also criticized the state for a complaint system that, until last summer, overlooked some claims of resident-to-resident abuse.
A key question following the Gagne incident at Friendship Village in Bloomington is whether caregivers had written abuse-prevention plans for both men. State law requires abuse prevention plans for vulnerable adults in care facilities, to protect them from being harmed or committing harm. In 2003, the state also began requiring any facility that specializes in memory care to train its workers on the complex needs of this population.
Wandersee said more questions must be answered about the facility’s role. An incident like this can trigger an investigation by the Minnesota Department of Health, but a state spokesman could not confirm an inquiry.
“How adequately staffed was the dementia care unit or the memory care unit?” Wandersee said. “Were there a tremendous number of adults with dementia congregating too closely with one another?”
For the rest of the story see: Dementia - and its dangers - overlooked, elder advocates say following Verne Gagne incident.

According to the Minnesota Patient’s Bill of Rights Minnesota Statute 144.651, Subd. 14. Freedom from maltreatment.
Patients and residents shall be free from maltreatment as defined in the Vulnerable Adults Protection Act. “Maltreatment” means conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce mental or emotional distress. Every patient and resident shall also be free from nontherapeutic chemical and physical restraints, except in fully documented emergencies, or as authorized in writing after examination by a patient’s or resident’s physician for a specified and limited period of time, and only when necessary to protect the resident from self-injury or injury to others.
With respect to the dementia abuse prevention plan it should developed after an assessment as part of a patient’s or resident’s care plan. According to state and federal law a nursing home must conduct initially a comprehensive and accurate assessment of each resident’s functional capacity. (42 CFR § 483.20)
§ 483.20 Resident assessment.
The facility must conduct initially and periodically a comprehensive, accurate,
standardized, reproducible assessment of each resident’s functional capacity. (a) Admission orders. At the time each resident is admitted, the facility must have
physician orders for the resident’s immediate care.
(b) Comprehensive assessments—(1) Resident assessment instrument. A facility must make a comprehensive assessment of a resident’s needs, using the resident assessment instrument (RAI) specified by the State.
The facility must develop a comprehensive care plan for each resident. (42 CFR § 483.20 (k)) and Minnesota Rule 4658.0405, Subpart 1.
(k) Comprehensive care plans.
(1) The facility must develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet a resident’s medical, nursing, and mental and psychosocial needs that are identified in the comprehensive assessment. The care plan must describe the following—
Minnesota Rule 4658.0405, Subpart 1, requires that “a nursing home must develop a comprehensive plan of care for each resident within seven days after the completion of the comprehensive resident assessment as defined in part 4658.0400”. The comprehensive plan of care must be developed by an interdisciplinary team that includes the attending physician, a registered nurse with responsibility for the resident, and other appropriate staff in disciplines as determined by the resident’s needs, and, to the extent practicable, with the participation of the resident, the resident’s legal guardian or chosen representative.
• Ensure that residents do not develop pressure sores and, if a resident has pressure sores, provide the necessary treatment and services to promote healing, prevent infection, and prevent new sores from developing. (42 CFR §483.25(c))
This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

An Arden Hills Nursing Home has been accused of neglect leading to the death of an elderly woman. Presbyterian Homes in Arden Hills was investigated by the Minnesota Department of Health after an incident in April 2008 where the a woman sustained a bump on her head leading to her eventual death. It was determined that the bump was as a result of a fall. After she was examined in the hospital it was determined that the woman had a fracture of her neck at the C2 vertebrae at the base of her skull.
After completing their investigation the Minnesota Department of Health, Office of Health Facility Complaints determined that “maltreatment” had lead to her injuries and eventual death.
After learning of the MDH findings, Presbyterian Homes campus director calls this an “unfortunate incident,” and filed a letter asking the state to reconsider it’s finding of maltreatment, saying, “There is no substantial evidence as to the cause of injury.”
The letter also suggests the fracture could’ve been caused by an “accident,” not neglect or abuse. The report is now under state review.
For the rest of this story see: Arden Hills Nursing Home Fights Maltreatment Finding from Fox 9 News.
Pursuant to federal regulations a nursing home must ensure that the resident receives adequate supervision and assistive devices to prevent accidents. (42 CFR §483.25 (h))
(h) Accidents. The facility must ensure that—
(1) The resident environment remains as free of accident hazards as is possible; and
(2) Each resident receives adequate supervision and assistance devices to prevent accidents.
• Once an event occurs such as a fall or unexplained injury the nursing home must conduct initially a comprehensive and accurate assessment of each resident’s functional capacity. (42 CFR § 483.20)
§ 483.20 Resident assessment.
The facility must conduct initially and periodically a comprehensive, accurate,
standardized, reproducible assessment of each resident’s functional capacity. (a) Admission orders. At the time each resident is admitted, the facility must have
physician orders for the resident’s immediate care.
(b) Comprehensive assessments—(1) Resident assessment instrument. A facility must make a comprehensive assessment of a resident’s needs, using the resident assessment instrument (RAI) specified by the State.

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.